Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
Claim 1 defines an ethylenically unsaturated monomer (B). In the prior art, an ethylenically unsaturated monomer is understood to mean a polymerizable compound comprising one or more carbon-carbon double bonds. The Examiner acknowledges that per MPEP 2111.01 IV., the Applicant may act as their own lexicographer. The instant application describes the monomer (B) as a bisphenol fluorene-based compound having an epoxy group (B-1), a compound having an ethylenically polymeric group (B-2), a multi-functional compound having an epoxy group (B-3), or a combination thereof (refer to paragraph 0035 of the instant Application’s specification and instant claim 6). Based on the standard definition of an ethylenically unsaturated monomer used in the art, monomers (B-1) and (B-3) would not be considered an ethylenically unsaturated monomer due to the lack of carbon-carbon double bonds. However, due to the Applicant’s definition of the monomer (B) including epoxy group-containing compounds, the Examiner will interpret the ethylenically unsaturated monomer (B), as defined by claim 1, to include carbon-carbon double bond-containing monomers as well as compounds satisfying the definition of (B-1) and/or (B-3).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-6, 8-12, and 14-15 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over CN 113138531 A (hereby referred to as CN ‘531).
Regarding Claims 1 and 10, CN ‘531 teaches a photosensitive resin composition and a black matrix formed from the same. The resin composition comprises an epoxy resin, a black colorant, a photoinitiator, a thermal acid generator, a polymerizable monomer, and a solvent (CN ‘531, paragraph 0008 of the English translation). The thermal acid generator includes a hexafluoroonium salt (CN ‘531, paragraph 0008 of the English translation). For instance, the hexafluoroonium salt may be those recited by paragraph 0054 of the English translation of CN ‘531. The resin composition of Example 1 includes each of the above-mentioned components (CN ‘531, paragraph 0088 of the English translation). Thus, CN ‘531 discloses the invention of claims 1 and 10.
Regarding Claims 3-5, CN ‘531 teaches that the photosensitive resin composition comprises an epoxy resin (CN ‘531, paragraph 0026 of the English translation). The epoxy resin comprises a structural unit represented by formula (a-1), the structural unit represented by formula (a-2), the structural unit represented by formula (a-4), and the structural unit represented by formula (a-5) (CN ‘531, paragraph 0039 of the English translation). The structural units are shown on pages 6-7 of CN ‘531 and reproduced below.
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Formula (a-1) corresponds to the claimed Formula (A5), formula (a-2) corresponds to the claimed Formula (A4), formula (a-4) corresponds to the claimed Formula (A2), and formula (a-5) corresponds to the claimed formula (A3). CN ‘531 further teaches that weight-average molecular weight of the epoxy resin is preferably between 10,000 and 20,000 (CN ‘531, paragraph 0040 of the English translation). However, CN ‘531 is silent in regards to the content ratios of each of the structural units in the epoxy resin, as recited by instant claim 4.
However, CN ‘531 does teach the claimed invention except for the ratio of each structural unit in the epoxy resin. Further, CN ‘531 does teach the general condition of this claim in that the composition disclosed is for the formation of a black matrix, for which a photosensitive resin composition with the claimed features and associated claimed ranges are common. Further the instant application teaches no criticality of the claimed structural unit contents and associated claimed ranges. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to tune the mole numbers of the various structural units amount to fall within their respective claimed ranges based on the photosensitive resin composition properties desired, since it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation". Refer to MPEP 2144.05 II.
Regarding Claims 6 and 8, CN ‘531 discloses that the resin composition of Example 1 comprises dipentaerythritol hexaacrylate (CN ‘531, paragraph 0088 of the English translation), which is an ethylenically unsaturated monomer according to Formula (B2) as recited by instant claim 8. Therefore, CN ‘531 discloses the invention according to instant claims 6 and 8.
Regarding Claim 9, CN ‘531 discloses that the resin composition of Example 1 comprises the compound represented by formula (c-2) as the photoinitiator (CN ‘531, paragraph 0088 of the English translation). The structure of formula (c-2) is shown on page 9 of CN ‘531, and the structure of formula (c-2) is an oxime ester compound (CN ‘531, paragraph 0047 of the English translation). Thus, CN ‘531 discloses the invention according to instant claim 9.
Regarding Claim 11, CN ‘531 discloses that the photoinitiator is used in an amount of 20 to 140 parts by weight, based on 100 parts by weight of the alkali-soluble resin (CN ‘531, paragraph 0050 of the English translation). The thermal acid generator is used in an amount of 60 to 100 parts by weight, based on 100 parts by weight of the epoxy resin (CN ‘531, paragraph 0056 of the English translation). The colorant is used in an amount of 200 to 300 parts by weight, based on 100 parts by weight of the alkali-soluble resin (CN ‘531, paragraph 0043 of the English translation). However, CN ‘531 is silent in regards to a monomer or solvent usage amount in the claimed range.
However, CN ‘531 does teach the claimed invention except for the monomer and solvent usage amount. Further, CN ‘531 does teach the general condition of this claim in that the composition disclosed is for the formation of a black matrix, for which a photosensitive resin composition with the claimed features and associated claimed ranges are common. Further the instant application teaches no criticality of the claimed monomer or solvent usage amount and associated claimed ranges. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to tune the monomer and solvent usage amount to fall within their respective claimed ranges based on the photosensitive resin composition properties desired, since it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation". Refer to MPEP 2144.05 II.
Regarding Claim 12, CN ‘531 discloses that the resin composition of Example 1 comprises glycidyl trimethoxysilane (CN ‘531, paragraph 0088 of the English translation). Glycidyl trimethoxysilane is a silane compound having an epoxy group. Thus, CN ‘531 discloses the invention according to instant claim 12.
Regarding Claims 14 and 15, CN ‘531 discloses that the resin composition according to Example 1 is used to produce a hardened film using a photolithography process (CN ‘531, paragraph 0090 of the English translation). CN ‘531 discloses that the method of manufacturing a black matrix follows the same method (CN ‘531, paragraph 0082-0083 of the English translation). Thus, CN ‘531 discloses the invention according to instant claims 14 and 15.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over CN 113138531 A (hereby referred to as CN ‘531) in view of US 20200319549 A1 (hereby referred to as Tanigaki).
Regarding Claim 7, CN ‘531 discloses a photosensitive resin composition according to instant claim 1. CN ‘531 further teaches epoxy-group containing monomers (CN ‘531, paragraph 0058 and 0062 of the English translation). However, CN ‘531 fails to describe an epoxy-group containing monomer according to Formula (B1).
Tanigaki teaches a photosensitive resin composition and products produced from the same. The photosensitive resin composition comprises an alkali-soluble resin, a photosensitive agent, a black colorant, and a crosslinking agent (Tanigaki, paragraph 0026). The composition is thus analogous to the one taught CN ‘531. The crosslinking agent is a compound having a crosslinkable group capable of binding to the alkali-soluble resin (Tanigaki, paragraph 0413). Thus, the crosslinking agent is analogous to the monomer taught by CN ‘531. The crosslinking agent is preferably an epoxy compound having a fluorene skeleton and two or more epoxy groups (Tanigaki, paragraph 0421). Specific examples include those listed in paragraph 0428 of Tanigaki. For instance, Tanigaki teaches that the epoxy crosslinking agent may be 9,9-bis[4-(2-glycidoxyethoxy)phenyl]fluorene (Tanigaki, paragraph 0428), which is the compound represented by the claimed Formula (B1) when R1 and R2 are chosen to be methylene groups.
CN ‘531 and Tanigaki are analogous art because each reference pertains to photosensitive resin compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use an epoxy compound having a structure represented by the claimed Formula (B1) as a polymerizable monomer, as taught by Tanigaki, in the photosensitive resin composition disclosed by CN ‘531 because the epoxy compound having the structure of Formula (B1) provides improved exposure sensitivity and control of the pattern shape (Tanigaki, paragraph 0422).
Claim(s) 1-6 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190049780 A1 (hereby referred to as Liu) in view of CN 113138531 A (hereby referred to as CN ‘531).
Regarding Claims 1 and 10, Liu discloses a photosensitive resin composition, a black matrix, and a color filter. The photosensitive resin composition includes an alkali-soluble resin, a compound containing an ethylenically unsaturated group, a photoinitiator, and a solvent (Liu, paragraph 0043). The alkali-soluble resin comprises a first alkali-soluble resin (A-1) and may optionally include a second alkali-soluble resin (A-2) and other alkali-soluble resins (A-3) (Liu, paragraph 0044). The first alkali-soluble resin (A-1) is represented by formula (1), which is reproduced below (Liu, paragraph 0046).
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In formula (1), A represents a phenylene group and D represents a hydrogen atom or methyl group (Liu, paragraph 0047). When A is a phenyl ring and D is a hydrogen atom, the structural unit of the resin contains the structure of Formula (A1), as recited by instant claim 1. Furthermore, the optional second alkali-soluble resin (A-2) is produced by reacting a diepoxy compound represented by formula (7) (reproduced below) with a polymerizable compound (Liu, paragraph 0100).
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Specific examples of the polymerizable compound(s) reacted with the compound represented by formula (7) include methacrylic acid, dicarboxylic acid compounds, and tetracarboxylic acid compounds (Liu, paragraph 0103). The resulting resin is an epoxy resin. The compound containing an ethylenically unsaturated group is a monomer having one ethylenically unsaturated group or at least two ethylenically unsaturated groups (Liu, paragraph 0108). The photosensitive resin composition may further contain a colorant (Liu, paragraph 0133). When the photosensitive resin composition is used for forming a black matrix, the colorant is a black pigment (Liu, paragraph 0133).
However, Liu is silent in regards to the inclusion of a thermal acid generator in the photosensitive resin composition. CN ‘531 teaches a photosensitive resin composition and a black matrix formed from the same. The resin composition comprises an epoxy resin, a black colorant, a photoinitiator, a thermal acid generator, a polymerizable monomer, and a solvent (CN ‘531, paragraph 0008 of the English translation). The thermal acid generator includes a hexafluoroonium salt (CN ‘531, paragraph 0008 of the English translation). For instance, the hexafluoroonium salt may be those recited by paragraph 0054 of the English translation of CN ‘531.
Liu and CN ‘531 are analogous art because both references pertain to photosensitive resin compositions and black matrixes produced from the same. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to include a hexafluoroonium salt thermal acid generator, as taught by CN ‘531, in the resin composition taught by Liu because the thermal acid generator accelerates the crosslinking reaction and produces a cured film with good hardness and resolution (CN ‘531, paragraph 0055 of the English translation).
Regarding Claim 2, Liu discloses that the weight-average molecular weight of the first alkali-soluble resin (A-1) is 1,000 to 30,000, preferably 2,000 to 20,000, and more preferably 3,000 to 15,000 (Liu, paragraph 0094). The alkali-soluble resin (A-1) is the resin containing the structural unit comprising a fluorene ring and two or more ethylenically polymeric groups represented by Formula (A1).
Regarding Claim 3, Liu discloses that the epoxy resin is formed by reacting the diepoxy compound represented by formula (7) (see above) with another polymerizable compound (Liu, paragraph 0100). Liu discloses that one of the polymerizable compounds reacted with the diepoxy compound may be methacrylic acid (Liu, paragraph 0103). When the diepoxy is reacted with methacrylic acid, the resulting epoxy resin includes the structural unit represented by Formula (A4) as recited by instant claim 3. Thus, the epoxy resin according to instant claim 3 is “obvious to try”, as Liu discloses a finite number of identified, predictable solutions with a reasonable expectation of success. Refer to MPEP 2143 I. E.
Regarding Claims 4-5, Liu teaches an epoxy resin included in the photosensitive resin composition (Liu, paragraph 0100). However, Liu fails to disclose an epoxy composition including each of the structural units represented by Formulae (A2) to (A5) in the amounts recited by instant claim 4.
CN ‘531 teaches that the photosensitive resin composition comprises an epoxy resin (CN ‘531, paragraph 0026 of the English translation). The epoxy resin comprises a structural unit represented by formula (a-1), the structural unit represented by formula (a-2), the structural unit represented by formula (a-4), and the structural unit represented by formula (a-5) (CN ‘531, paragraph 0039 of the English translation). The structural units are shown on pages 6-7 of CN ‘531 and reproduced below.
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Formula (a-1) corresponds to the claimed Formula (A5), formula (a-2) corresponds to the claimed Formula (A4), formula (a-4) corresponds to the claimed Formula (A2), and formula (a-5) corresponds to the claimed formula (A3). CN ‘531 further teaches that weight-average molecular weight of the epoxy resin is preferably between 10,000 and 20,000 (CN ‘531, paragraph 0040 of the English translation). However, CN ‘531 is silent in regards to the content ratios of each of the structural units in the epoxy resin, as recited by instant claim 4.
However, Liu in view of CN ‘531 does teach the claimed invention except for the ratio of each structural unit in the epoxy resin. Further, Liu in view of CN ‘531 does teach the general condition of this claim in that the composition disclosed is for the formation of a black matrix, for which a photosensitive resin composition with the claimed features and associated claimed ranges are common. Further the instant application teaches no criticality of the claimed structural unit contents and associated claimed ranges. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to tune the mole numbers of the various structural units amount to fall within their respective claimed ranges based on the photosensitive resin composition properties desired, since it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation". Refer to MPEP 2144.05 II.
Liu and CN ‘531 are analogous art because both references pertain to photosensitive resin compositions and black matrixes produced from the same. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use an epoxy resin having each of the structural units represented by Formulae (A2) to (A5) and having a molecular weight between 11,000 and 18,000, as taught by CN ‘531, in the photosensitive resin composition taught by Liu because the epoxy resin, in combination with the other components of the photosensitive resin composition, yields a black matrix having good light-shielding properties, hardness, resolution, and reactivity (CN ‘531, paragraph 0007).
Regarding Claims 6 and 8, Liu discloses that the compound containing an ethylenically unsaturated group is a monomer containing at least one ethylenically polymeric group (Liu, paragraph 0108). The compound containing an ethylenically unsaturated group may be, for instance, dipentaerythritol hexa(meth)acrylate (Liu, paragraph 0110), which is a compound represented by Formula (B2), as recited by instant claim 8.
Regarding Claim 9, Liu discloses that the photoinitiator may be an acetophenone compound, a biimidazole compound, an acyl oxime compound, or a combination thereof (Liu, paragraph 0114).
Regarding Claim 11, Liu discloses that the compound containing an ethylenically unsaturated group is used in an amount of 20 to 150 parts by weight, based on 100 parts by weight of the alkali-soluble resin (Liu, paragraph 0113). The photoinitiator is used in an amount of 10 to 90 parts by weight, based on 100 parts by weight of the alkali-soluble resin (Liu, paragraph 0120). The colorant is used in an amount of 100 to 600 parts by weight, based on 100 parts by weight of the alkali-soluble resin (Liu, paragraph 0140). CN ‘531 teaches that the thermal acid generator is used in an amount of 60 to 100 parts by weight, based on 100 parts by weight of the epoxy resin (CN ‘531, paragraph 0056 of the English translation). Liu and CN ‘531 are silent in regards to a solvent usage amount in the claimed range.
However, Liu in view of CN ‘531 does teach the claimed invention except for the solvent usage amount. Further, Liu in view of CN ‘531 does teach the general condition of this claim in that the composition disclosed is for the formation of a black matrix, for which a photosensitive resin composition with the claimed features and associated claimed ranges are common. Further the instant application teaches no criticality of the claimed solvent usage amount and associated claimed ranges. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to tune the solvent usage amount to fall within their respective claimed ranges based on the photosensitive resin composition properties desired, since it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation". Refer to MPEP 2144.05 II.
Regarding Claim 12, Liu discloses that the photosensitive resin composition may include a silane compound containing an epoxy group, such as 3-glycidolpropyltrimethoxysilane, as an adhesion promoter (Liu, paragraph 0147).
Regarding Claim 13, Liu discloses that the photosensitive resin composition may include a cationic surfactant, an anionic surfactant, a polysiloxane surfactant, and/or a fluorine-based surfactant to help improve coating properties of the resin composition (Liu, paragraph 0142).
Regarding Claims 14 and 15, Liu discloses that the photosensitive resin is coated on a substrate to form a coating film, dried to remove most of the solvent, pre-baked to form a pre-baked coating film, exposed with a photomask to produce a pattern, developed to remove unexposed portions of the pre-baked coating film, and post-baked to produce a black matrix having a cured film (Liu, paragraph 0156-0162).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190049780 A1 (hereby referred to as Liu) in view of CN 113138531 A (hereby referred to as CN ‘531) as applied to claim 1 above, and further in view of US 20200319549 A1 (hereby referred to as Tanigaki).
Regarding Claim 7, the combination of Liu and CN ‘531 renders obvious the photosensitive resin composition according to instant claim 1. Liu is silent in regards to an epoxy-group containing monomer. CN ‘531 teaches epoxy-group containing monomers (CN ‘531, paragraph 0058 and 0062 of the English translation). However, Liu and CN ‘531 both fail to describe an epoxy-group containing monomer according to Formula (B1).
Tanigaki teaches a photosensitive resin composition and products produced from the same. The photosensitive resin composition comprises an alkali-soluble resin, a photosensitive agent, a black colorant, and a crosslinking agent (Tanigaki, paragraph 0026). The composition is thus analogous to those taught by Liu and CN ‘531. The crosslinking agent is a compound having a crosslinkable group capable of binding to the alkali-soluble resin (Tanigaki, paragraph 0413). Thus, the crosslinking agent is analogous to the monomer taught by Liu and CN ‘531. The crosslinking agent is preferably an epoxy compound having a fluorene skeleton and two or more epoxy groups (Tanigaki, paragraph 0421). Specific examples include those listed in paragraph 0428 of Tanigaki. For instance, Tanigaki teaches that the epoxy crosslinking agent may be 9,9-bis[4-(2-glycidoxyethoxy)phenyl]fluorene (Tanigaki, paragraph 0428), which is the compound represented by the claimed Formula (B1) when R1 and R2 are chosen to be methylene groups.
Liu, CN ‘531, and Tanigaki are analogous art because each reference pertains to photosensitive resin compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use an epoxy compound having a structure represented by the claimed Formula (B1) as a polymerizable monomer, as taught by Tanigaki, in the photosensitive resin composition obtained by combining the teachings of Liu and CN ‘531 because the epoxy compound having the structure of Formula (B1) provides improved exposure sensitivity and control of the pattern shape (Tanigaki, paragraph 0422).
Conclusion
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/JAYSON D COSGROVE/Examiner, Art Unit 1737
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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